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Methanol Listed on Prop 65 List, Methanol in Fruit and Vegetables Linked to Pectin

By Lee Smith on March 19, 2012
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As of March 16, 2012 Methanol was added to the Prop 65 list as a reproductive hazard. According to OEHHA ,Methanol occurs naturally in fruits and vegetables. Methanol is also formed when fruits and vegetables are physically prepared for consumption by slicing, chopping, pureeing and juicing. The production of free methanol in all these instances is the result of reactions in pectin, a principal component of plant cell walls and the middle lamella between them. Pectin is heteropolysaccharide contained in the primary cell walls of terrestrial plants. It is produced commercially as a white to light brown powder, mainly extracted from citrus fruits, and is used in food as a gelling agent particularly in jams and jellies. It is also used in fillings, medicines, sweets, as a stabilizer in fruit juices and milk drinks, and as a source of dietary fiber. Pectin will break down to methanol when the plant cell walls and middle lamellae are disrupted, as can happen through physical processes of food preparation. Methanol is also produced when pectin is digested after eating fruits and vegetables, but OEHHA does not believe that the pectin that is activated by chopping and slicing will increase over the amount that is produced during digestion.

In addition to the notice that methanol is now on the Prop 65 list, OEHHA released the Interpretive Guideline No 2012-01  that indicates that methanol resulting from Pectin in Fruits and Vegetables is considered to be Naturally Occurring under section 25501 of Prop 65 and thus not required to comply with the Prop 65 warning requirements. The interpretation leaves the door open as to whether pectin that is added to products is subject to Prop 65. The text of the exemption which excludes levels of these chemicals that occur naturally in food without addition by human activity, may be a hard standard to meet.

 

OEHHA has also proposed regulatory levels for the consumption of methanol both by ingestion and inhalation. The numbers although they appear to be high on their face, Maximum Allowable Dose Levels for methanol of 47,000 micrograms per day for inhalation and 23,000 micrograms per day for ingestion are not. Based on the numbers derived from the pectin interpretation,  fresh orange juice may have methanol concentrations as high as 80 ppm. At that concentration the Prop 65 MADL level is arguably reached with just ten ounces of juice.

 

Comments may still  be transmitted to OEHHA on these proposed MADLs until April 30, 2012.

Lee Smith

Lee N. Smith focuses his practice on land and natural resource regulation and development, environmental compliance, water law, and litigation. He is experienced in federal and state water quality, air quality and hazardous materials compliance issues, including environmental due diligence projects for mining…

Lee N. Smith focuses his practice on land and natural resource regulation and development, environmental compliance, water law, and litigation. He is experienced in federal and state water quality, air quality and hazardous materials compliance issues, including environmental due diligence projects for mining and energy projects. He has handled cases before the Central Valley Regional Water Quality Control Board, the San Joaquin Unified Air Pollution Control District, and local environmental agencies. He has drafted and negotiated environmental provisions for complex agreements and assisted clients on due diligence issues. Lee has also been involved in state court litigation concerning pesticide contamination, the California Environmental Quality Act (CEQA), and Prop. 65 litigation, as well as federal litigation involving pesticide registration and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Lee Smith is a partner in our Sacramento and Fresno, California offices.

Practice Areas

  • Water Quality
  • Environmental and Natural Resources
  • Wine and Vineyard Law

Professional Associations

  • Fresno Chamber of Commerce, Environmental Issues Committee Counsel
  • Citizen’s Advisory Committee to the San Joaquin Valley Unified Air Pollution Control District
  • California State Bar Association, Environmental Law Section, Chair

Education

  • University of Utah College of Law, J.D., 1988, William S. Leary Scholar, 1985-1986
  • Brown University, A.B. environmental studies, 1981

Bar Admissions

  • California
Read more about Lee SmithEmail
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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Liability Law
  • Organization:
    Stoel Rives LLP

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